| Matter of Tomassi v Clarke |
| Motion No: 2016-04287 |
| Slip Opinion No: 2017 NY Slip Op 64899(U) |
| Decided on February 22, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M226413
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-04287 In the Matter of James Tomassi, appellant, v Teresa Clarke, respondent. (Docket No. V-9263-12/15E)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 4, 2016, as a poor person and for the assignment of counsel, and, in effect, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the branch of the motion which is for free transcripts is denied as unnecessary as the appellant has obtained the transcripts; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee and for the assignment of counsel are denied, with leave to renew on or before March 24, 2017, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the amount and source of the transcript fees; and it is further,
ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 24, 2017.
DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court